Thursday, April 23, 2009

Get faster short sale or loan workouts with Forensic Loan Audits

Fed up with your mortgage lender? Smell something fishy? Is your mortgage lender not cooperating with your requests to reduce your mortgage payments or principal balance? You are not alone.

According to many estimates, a majority of mortgage loans originated since 2005 at the peak that led to the mortgage meltdown--contain errors.

These errors can be "leveraged" as tools for a borrower or investor to perform a loan workout with the bank, or enact a short sale. Or, the ultimate tool is "rescission" - where you actually can sue the bank to get the entire mortgage forgiven. You will probably "settle" before this happens but this is powerful leverage.

Some may feel moral qualms about this process, but rest assured, it is a legal process by which a trained auditor or legal firm will actually review all of your loan documents to look for the following areas below. This came from a blog posted online - click here:

"Did the loan officer accurately disclose the loan terms to you? ·
Did you sign a separate broker fee agreement? ·
Was your home’s value inflated by the lender’s appraiser? ·
Did the lender fail to verify your ability to repay the loan? ·
Were you given all federal and state disclosures? ·
Were you properly notified of your right to cancel the loan? ·
Do your closing documents contain any technical errors? ·
Were you charged excessive or undisclosed fees? ·
Has your loan been sold without your knowledge? ·
Any and all applicable federal and state law violations ·
The real terms of your loan ·
Outline of hidden fees and/or commission earned by your broker or lender ·

A complete assessment so you can pursue possible legal claims against your broker and/or lender Report of all factual findings of the forensic audit using violations along with other areas of fraudulent discovery may allow litigation claims such as:

Slander of Title; Fraud (Material Misrepresentation)
Void Contract - Impossibility to Perform (CA Civil Code 1411,1511, 1595 et seq)
To Cancel Deed of Trust; Breach of Fiduciary Duty
Violation of CA Business and Professions Code Section17200 etseq
Intentional Infliction of Emotional Distress
Declaratory Relief; Injunction Relief
Restitution (Unjust Enrichment)"

Bottom line is, if the lender violated these or any number of laws, you have recourse against the lender. This can translate into bottom line dollars for you or your client.

If you are a real estate investor, you can offer this as value added to your seller or homeowner you are doing business with. If you are a homeowner, you could do the same.

Note this is not the catch-all that can or will solve all of your problems, but it is an important step to help you or your clients get the relief you seek.

CAUTION: you must hire a competent trained expert to perform these. There are many frauds and scams out there preying upon desperate borrowers not performing these services, or services not being performed by credentialed individuals.

Good luck!

1 comment:

  1. I agree with you there are many fraudulent in market and everyone should be cautious of them. There are many loopholes in the document procedure also, so one must be aware of all the details in the documents.
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